LEGAL FORMALISM AND LEGAL REALISM: WHAT IS THE ISSUE?

@article{Leiter2010LEGALFA,
  title={LEGAL FORMALISM AND LEGAL REALISM: WHAT IS THE ISSUE?},
  author={B. Leiter},
  journal={Legal Theory},
  year={2010},
  volume={16},
  pages={111 - 133}
}
  • B. Leiter
  • Published 2010
  • Philosophy
  • Legal Theory
In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that (1) the law is “rationally” determinate, that is, the class of legitimate legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases (e.g., cases that reach the stage of appellate… Expand
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If so, he should have at least said so clearly. If the slogan " we are all Balanced Realists now " means we should not take Dworkin seriously, I am happy to sign on, 54 though I fear I am not typical
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